DDJ 76. 兵强则灭，14修订，端午Memorial Day

第七十六章
[原文]

人之生也柔弱①，其死也坚强②。草木③之生也柔脆④，其死也枯槁⑤。故坚强者死之徒⑥，柔弱者生之徒⑦。是以兵强则灭，木强则折⑧。强大处下，柔弱处上。

[译文]

人活着的时候身体是柔软的，死了以后身体就变得僵硬。草木生长时是柔软脆弱的，死了以后就变得干硬枯槁了。所以坚强的东西属于死亡的一类，柔弱的东西属于生长的一类。因此，用兵逞强就会遭到灭亡，树木强大了就会遭到砍伐摧折。凡是强大的，总是处于下位，凡是柔弱的，反而居于上位。

http://www.daodejing.org/76.html

"故坚强者死之徒⑥，柔弱者生之徒⑦。  兵强则灭，木强则折。"   道德经对兵家的影响，从孙子开篇看出来。  “始計篇 第一     孫子曰：兵者，國之大事，死生之地，存亡之道，不可不察也。故經之以五，校之以計，而索其情：一曰道，二曰天，三曰地，四曰將，五曰法。道者，令民于上同意者也”

回看：”域中⑾有四大，而人居其一焉。人法地、地法天、天法道、道法自然“。  
http://www.daodejing.org/25.html

道德经有很强的预言性。六国之殇，至今震撼人心。 端午Memorial Day今年重合。 美国华人有很多原因应该纪念屈原。 “怀王使屈原造为宪令”，屈原是诗人，也是宪法改革先驱。  “民离散而相失兮，方仲春而东迁。“－ 九章·哀郢  我们就是东迁的。 

AMENDMENT XIVEssays »

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

How the Civil War played out.  One of the key reason motivating Southern States to secede from Union was the demographic loss of Slave States.   The 14th State to 33rd State to join the Union were majority non-slave holding States, all slave states suffer from low population (since slaves don't count as much as free citizens in votes). The 34th State Kansas was the center for a huge battle between abolitionists and slave owners and eventually joined the Union.  The South was losing elections in the Congress and losing Presidential elections as well.  

http://www.ipl.org/div/stateknow/dates.html

Electoral map as in 1860.   The west coast and most of the west looked like lost to the South.

http://www.270towin.com/1860_Election/

The Southerners could not afford to wait any longer.  So they planned to secede and a preemptive strike to start the Civil War.

https://en.wikipedia.org/wiki/American_Civil_War#Prelude_to_war

Fast forward to the end of the war.   After half century of no Constitutional Amendments, the Congress passed the Reconstruction Amendments in rapid succession.   The Civil Rights Act of 1866 had previously asserted that "All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States." The immediate impetus for the Fourteenth Amendment was to constitutionalize and validate the Civil Rights Act because some had questioned whether the Thirteenth Amendment was a sufficient basis for its constitutionality. A constitutional amendment would also have the advantage of preventing a later unfriendly Congress from repealing it.

Amendment XIV were relevant last century, and it is still relevant today. 

https://en.wikipedia.org/wiki/Chinese_Exclusion_Act

儒家孟母她儿子有说。"春秋无义战。彼善于此，则有之矣。征者，上伐下也，敌国不相征也"

美国南方退出联邦，算”违宪“吗？北方征讨南方，算“义战”吗？ 二战算“义战“吗？  二战以后有“义战”吗？  中美有”义战“吗？

幸好道教概率上谈谈上上下下，实际上没怎么讲究上上下下（若以下犯上，儒教口水淹死人）。  世世代代，美国华人应该纪念排华法案”离散而相失“者， 纪念华裔老兵英雄. 也应该纪念埋骨中国太平洋的二战美军。    

https://www.congress.gov/bill/115th-congress/house-bill/2358/text

美国华裔这个少数民族，致敬谁？缅怀谁？传承谁？这些问题早晚都需要水落石出。  愿中美永无战事，庸人不自扰之。